"Bells and Whistles"
Art Law Blast
December 2023
Is art law a distraction or a welcome escape? a hobby or a calling? a myth or a reality? Parthenon marbles, museum marvels, and lots of cases and books to escape. Before we turn the calendar page and introduce our Spring Interns, a big round of thanks to our Fall Team and to all of our Advisors and Directors who have worked so hard to lead by example. Enjoy the last Art Law Blast of 2023.
We are looking forward to seeing you come 2024,
Atreya Mathur,
Director of Legal Research
Table of Contents
In Brief
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Parthenon Marble Pieces Staying in Denmark
On November 22nd, the Danish National Museum announced its decision to retain three Parthenon Marble pieces in its collection, consisting of marble heads and a marble hoof. The marble heads were bought by a marine officer in the streets of Athens in 1688, while the hoof was acquired by the then-Danish counsel in Greece during the havoc of the Greek War for Independence. The museum’s reason for retaining the marble pieces was that “they now hold greater value for Danmark [sic] than for Greece…The three fragments are of great importance for Danish cultural history and for understanding our interaction with the world around us at a time when democracy was growing and taking shape,” says Christian Sune Pedersen, Head of the Research Department at the National Museum of Denmark. Read more here (in German) (RW)
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Virginia Museum of Fine Arts to Repatriate 44 Artifacts to Egypt, Italy, and Turkey
The Virginia Museum of Fine Arts (VMFA) has deaccessioned and returned 44 works of ancient art, following an investigation by the Manhattan DA’s Office and US Department of Homeland Security. The museum announced details of the investigation and its outcome on December 5, detailing the institution’s cooperation throughout a six-month investigation. The Manhattan DA’s investigation began in May with a request for documentation for 28 objects in the VMFA’s collection, but the scope of investigation expanded to 61 objects after a plethora of photographs, catalogs, provenance research, and correspondence surfaced. After months of research, Manhattan DA’s Office and Homeland Security special agent Robert Mancene proved that 44 of the 61 artworks investigated were either stolen, looted, or trafficked. Alex Nyerges, the VMFA’s director and chief executive, promised in a statement that the museum would repatriate any unlawfully acquired artifacts. Read more here. (RW)
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Parthenon Talks Crumble as UK PM Cancels at the Last-Minut
UK Prime Minister Rishi Sunak canceled Parthenon marbles talks with Greece just a day before they were scheduled to begin. The two countries have been in communication for the past two years over the marbles brought to England from Greece by Lord Elgin in the early 1800s. The decision to pull out of the meeting was apparently made after Greek Prime Minister Kyriakos Mitsotakis appeared on the BBC calling for the full return of the marbles to Greece. Mitsotakis compared the division of the marbles between the two countries to cutting the Mona Lisa in half. Greece’s position is consistent: they want all of the marbles to be returned to Greece on a long-term basis. The British Museum has stated they would be willing to part with portions of the frieze, but only for a short term loan. Read more here. (AME)
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From Kitchen to Canvas: The Enchanting Journey of “The Mocking of Christ”at the Louvre
In a story that could delight even the Scrooges of the world, the iconic yet petite painting by Cimabue a.k.a Cenni di Pepo is now on display in its new home at the Louvre. The painting entitled “The Mocking of Christ” was purchased by the French government for about 24.2 million euros ($26.8 million) after finding it in the kitchen of an elderly woman back in 2019. The painting will now join its much larger companion the “Maestà” and the two will be a part of an exhibit on display in Spring 2025. Read more here. (SNA)
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Buffalo Museum Workers Want to Unionize
On November 16, 2022, the Buffalo AKG museum workers submitted a letter to the museum director and board directors announcing their desire to unionize.The museum formerly known as the Albright-Knox Gallery, now Buffalo AKG, reopened this year after a four-year closure and expansion. A recent Instagram video features three individuals from the AKG Workers United Organizing Committee discussing the unionization effort at an all-staff meeting. The campaign is viewed positively, with organizers hoping for voluntary recognition of the union by AKG leadership. If successful, the union would represent 100+ workers across various departments, though specific positions are yet to be finalized. The museum’s director of human resources expressed support for workers’ right to organize. The union’s campaign logo is inspired by Andy Warhol’s “100 Cans” (1962), a notable piece in the museum’s collection. Read more HERE. (LE)
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Digital Technologies May Help Resolve Restitution Questions
Digital technologies such as AR, AI, NFTs, and 3D scanning may be used to help the repatriation of cultural artifacts. A project by the collective Looty executed a digital heist at the British Museum using Lidar technology in order to create a digital replica of the Rosetta Stone. The replica was then placed where the original was discovered, Rashid Egypt. An NFT was then created and associated with the digital replica to track provenance. The technology allows for digital repatriated artworks to be placed back in their original locations. While seen as groundbreaking by some, there are legal and ethical concerns. The location where the item is digitized is subject to the laws of that jurisdiction leading to repetition of the “colonial logic and systems that we’re trying to be [disentangled] from.” It also may be culturally insensitive to copy a work that a nation refuses to return to its country of origin. While the technology initiates discussions on restitution, a more collaborative and thoughtful approach is needed to address the complexity of replicating repatriated cultural artifacts. More HERE. (LE)
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An Artificial Victory: Can SAG-AFTRA Trust Studios to Behave When It Comes to AI?
Although a tentative agreement with the AMPTP (Alliance of Motion Picture and Television Producers) has given many people hope of SAG-AFRTRA’s labor strike coming to an end, some actors remain concerned about the contract’s provisions dealing with the use of artificial intelligence. There continue to be disagreements over the degree to which movie studios should be allowed to digitally capture, own in perpetuity, and use the likeness of actors without oversight or restrictions. For instance, under the current agreement, studios can either use employment-based digital replicas, which are made using scans of the actual actors, or independently created digital replicas, which are created using archival footage to resemble real actors, such as with posthumous appearances. While some actors are satisfied with the current agreement and ready to work on and promote their projects again, some actors are still worried about how the use of AI will eliminate smaller roles, such as background characters, and want safeguards to be in place. Read more here. (PL)
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Forgotten Botticelli May be Returned
A forgotten painting by Italian artist Sandro Botticelli, valued at around €100 million, has been discovered at a family home near Naples, Italy. The painting, based on Botticelli’s muse and lover, Simonetta Cattaneo Vespucci, was originally donated to a countryside church by Pope Sixtus IV as a tribute for economic support from the Medici family. The artwork, one of Botticelli’s last works, was originally displayed in a small church in Santa Maria la Arita and later given to a local family for safekeeping. The painting disappeared mysteriously, and was considered lost after a fruitless search by the Italian state. The carabinieri, Italian national police tasked with cultural heritage protection, recently found the painting during an inspection of the private residence. The 15th-century artwork depicts the Virgin Mary and Child, and due to damage, it is set for extensive restoration. The authorities will investigate ownership to determine if the family acquired it properly. If not, the artwork may pass into state hands or be exhibited in a museum for security. Art enthusiasts hope the painting will find its place in a museum, where it can be viewed and enjoyed by the public. Read more HERE. (LE)
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Frankenthal’s Memory Is Under Threat from ... Her Own Family?
Directors of the $1 billion foundation meant to promote Helen Frankenthal’s legacy appear to be doing disservice to the artist’s name. Frederick Iseman, the artist’s nephew, has filed a lawsuit against other members of the foundation alleging that some directors of the foundation are engaging in unethical practices including “pay to play” transactions to boost their own artist careers. The lawsuit focuses on Iseman’s cousin, Cliffford Ross, who traded foundation grants for exhibitions of his own artwork to generate publicity for his career. The lawsuit also claims that Iseman was removed from the board by other members who “secretly schemed” to get rid of him. More HERE.
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Four Men Charged in Theft of $6 Million Golden Toilet
In 2019, a golden toilet was stolen from Blenheim Palace in Oxfordshire, the birthplace of Winston Churchill. In early November, four men were charged with burglary, conspiracy to transfer criminal property, and transfer of criminal property for the theft of the toilet. Worth $5.9 million, the conceptual art piece titled, “America” by Maurizio Cattelan was in Blenheim Palace as part of an exhibition of the artist’s work. The toilet is fully functioning and is 18-karat solid gold. Apparently, the early morning burglary caused a small flood when the toilet was removed from the pipes. Read more here. (AME)
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Decision on copyright infringement for AI generated art in the Beijing Internet Court
The Beijing Internet Court recently rendered a first-instance judgment in a copyright infringement case revolving around AI-generated images, marking a milestone in the realm of AI-generated content disputes. Mr. Li, the plaintiff, utilized AI to create images showcased on the Xiaohongshu platform. The defendant, a blogger on the Baijiahao platform, incorporated these AI-generated pictures in an article without authorization, leading to Mr. Li’s legal action. The court determined that the AI-generated pictures demonstrated the requisite “originality” and reflected a genuine intellectual investment, thereby qualifying them as works protected under copyright law. While this ruling may be limited to Chinese law and the applications of the Beijing Internet Court, this ruling sets a precedent by acknowledging that copyright protection may be afforded to AI-generated images and establishes a significant legal framework for future cases in this evolving field. Decision is available here.
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French Court Considers Clearing Laundering Charges in Louvre Curator Investigation
Jean-Francois Charnier, a curator indicted for laundering trafficked antiquities sold to the Louvre Abu Dhabi, may have charges dropped after a decision by France’s highest court of appeals. The Court of Cassation annulled a lower court’s ruling, citing errors in dismissing a key legal argument in Charnier’s defense, specifically questioning his police interrogation. The recent ruling focused on legal technicalities rather than evidence, suggesting Charnier’s interrogation may be discarded. While Charnier’s lawyer sees this as a positive development, the charges against former Louvre director Jean-Luc Martinez remain. Martinez is accused of complicity in organized trafficking and faces a trial. Despite claims of rigorous vetting, both curators assert they were victims of higher-level racketeers. The case involves over €50 million worth of antiquities with provenance documents later proven fake. Other dealers are also charged in connection to the case. Read more here.
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San Antonio Museum of Art Acquires TWO collections of Pre-Columbian antiquities
Nearly 300 objects, 2/3rd from the John M. and Kathi Oppenheimer collection and 1/3rd from Lindsay and Lucy Duff, have been received by San Antonia Museum of Art. According to the Museum director, “These objects provide new insights into the skilled makers who produced them…” and according to the reports “objects were reviewed by the curatorial staff.” Read more HERE.
From Antiquities to Artificial Intelligence – How to Navigate Today’s Art Market
RAM Annual Conference
Location:
Palexpo, Geneva (CH)
Date:
Thu, Jan 25, 2024 9 AM
Collectors are the life blood of the art market. As collecting habits evolve, what practices and challenges do collectors and patrons face in their interactions with artists, galleries and institutions? This 7th annual RAM conference aims to demystify the collecting journey, unpacking the ethics of collecting contemporary art and the issues which arise in lending to and funding art institutions.
Career Opportunities
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PT- Legal Counsel, The British Museum (UK)
Role Summary
Legal Counsel
Governance
Part-Time (3 days per week)
Permanent
£46,742 per annum (Full Time Equivalent)
Application Deadline: 12pm (midday) on Friday 12 January 2024This is an exciting and unique opportunity for an experienced lawyer to join the Legal Services team at The British Museum.
The successful candidate will contribute to implementing the Museum’s Legal Strategy and delivering a sector-leading advisory function. They will provide colleagues around the Museum with accurate, timely and effective advice.
Joining a small and collegial team with a busy and varied workload, candidates will have relevant experience gained in leading firms or comparable in-house roles. They will work closely with the rest of the Legal Services team and Governance Department to deliver high-quality and strategic legal support to colleagues around the institution.
Applicants will have in-depth technical knowledge across a range of key legal areas, including commercial, contract, intellectual property and charities law. They will be adaptable, responsive, and actively engaged in commercial and legal issues relevant to the Museum and Cultural sectors.
The role is part-time (3 days per week), with the possibility of spreading working hours flexibly across the week.
More details available HERE.
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ASOR CULTURAL HERITAGE PROGRAMS MANAGER
ASOR is looking to strengthen and expand its efforts by hiring a Cultural Heritage Programs Manager to work with the two co-directors of ASOR CHI in overseeing and administering the grants process, including identifying, developing, and writing new grant proposals. ASOR currently has 9 full-time and 7 part-time team members, who contribute to but do not work exclusively on cultural heritage projects.
The ASOR Cultural Heritage Programs Manager will ensure the successful implementation of ASOR’s program to protect, preserve, and present to the public the cultural heritage of the Near East and wider Mediterranean. The successful candidate will perform a wide variety of duties necessary for grants development and for proper program implementation, management, and monitoring, in coordination with ASOR leadership and ASOR’s Cultural Heritage Committee.
Review of applications will begin on January 8, 2024, and continue until the position is filled. To apply, send an e-mail with a letter of interest and CV or resume to programs@asor.org. Please put “CH Programs Manager application” in the e-mail subject line.
Learn more about this opportunity HERE.
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Program Manager, Amazon, Counterfeit Crimes Unit
Amazon’s Counterfeit Crimes Unit is on the lookout for an individual to spearhead end-to-end activities supporting program deployments spanning diverse functional products. The role involves liaising with a broad spectrum of stakeholders, including legal partners, investigation managers, data engineers, and various business counterparts. The candidate will identify and collaborate with experts across a matrixed organization to meet program requirements and act as the point of escalation for program deployment and foster alignment across functions by partnering with stakeholders and driving standard work opportunities.
Read more and apply HERE.
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The CrossCulture Programme Fellowship, Institut für Auslandsbeziehungen, Germany
The CrossCulture Programme (CCP) funds professionals and committed volunteers from more than 40 countries each year. During two to three months of work-related stays in host organisations in Germany or CCP partner countries, participants deepen their expertise, establish new contacts and acquire intercultural skills. In turn, the host organisations benefit from the expertise, regional knowledge and networks of the CCP Fellows. Participants can also attend transcultural workshops, networking and professional events hosted by the CCP. After returning to their daily working lives, participants then bring the experience they have gained into their home organisation. In 2024, fellowships will be offered as digital as well as on-site fellowships.
Read more and apply HERE.
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Resilience Grants Program for Cuban migrant artists, Artists at Risk Connection
In the face of the challenges posed by exile and migration to the creative expression of many Cuban artists, the Artists at Risk Connection (ARC), in collaboration with PEN International, is pleased to announce the launch of the Resilience Grants Program for Cuban migrant artists. The goal of this initiative is to provide essential support to ten Cuban migrant artists, empowering them to overcome the challenges they face and bring their creative visions to life. The main objective of the grant program is to empower these artists through a resilience scholarship to support them in the execution of artistic projects that serve as powerful means to address issues such as artistic freedom, cultural rights, human rights, and other relevant issues. Beyond financial support, the grant program will provide various resources to help Cuban migrant artists navigate the new professional environment in which they reside abroad. By addressing challenges related to a new cultural setting, artists will receive the guidance and advice needed to foster their development as artists. Read more and apply for the program HERE.
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Director of Advancement| Artadia
This member of the leadership team will be responsible for working closely with the incoming Executive Director (ED), the staff, and the Board of Directors to strengthen the mission and build and expand upon a revitalized fundraising program. They will be charged with creating, leading, planning, and managing a comprehensive development plan with the goal of growing the operating budget by 40% over the next three to five years. Read more HERE.
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Got an art law position to fill?
Contact us! We have access to art law talent worldwide!
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Interested in interning with the Center for Art Law?
CFAL Summer 2024 Application Period: Dec. 15, 2023 – Jan. 15, 2024
Research and Workshops
The Center for Art Law has been offering our Artist Legacy and Estate Planning Clinic since 2021.
What about collectors and their legacy plans? Perhaps a workshop on this topic is also of interest. The answers provided in response to the survey will be kept confidential and will be used for internal or research purposes only.
Wish to volunteer for this or other clinics? Please contact us!
Please take the SurveyOn Our Calendar
ABC’s of Art Law: C is for Consignment
ABCs of Art Law: D is for Divorce
25 years Later: Speaking about “The Washington Principles”
Artist Legacy and Estate Planning Clinic (Dec. 2023)
Case Law Corner
UPDATES
Orlando Museum of Art v. De Groft, Case No. # 179591088 (9th Cir. 2023)
Reif v. Art Institute of Chicago, 23-cv-2443 (SDNY, Nov. 24, 2023).
NEW
Brockington v. Padilla, N.E. (Porter Super., Ct, Ind. Oct. 17, 2023).
Cleveland Museum of Art v. Alvin Bragg, in his capacity as the District Attorney of New York County, New York, 1:23-cv-02048 (N.D. Ohio. 2023)
Peters Gallery of New York, Inc v. Successors-in-Interest to Eberstadt & Sons, 1:2023cv03181 (SDNY, October 11, 2023).
Postiglione & J.P. Getty Trust v. Ministry of Culture (Sixth Section, no.09962/2023)
Timo Platt and Gordon Platt v. Allen Michaan, 1:19-cv-04234-ER (SDNY 2019)
United States v. Maurello, 23 CR 20 (N.D. Ill. Jan. 23, 2023)
Publications
We are working on reorganizing our Reference section. If there are any librarians on our mailing list who knows about cataloging software, please reach out to us.
Managing Disaster Risks to Cultural Heritage From Risk Preparedness to Recovery for Immovable Heritage
by Xavier Romão
“Managing Disaster Risks to Cultural Heritage” is a book that offers case studies from various global regions, establishing a framework for understanding, identifying, and analyzing risks to immovable cultural heritage in the face of disasters. The contributions, coming from academics and practitioners worldwide, provide a comprehensive perspective on cultural heritage, disaster risk preparedness, and post-disaster recovery. The book highlights the dynamic nature of disaster risks and their evolution during catastrophic events, emphasizing the potential for secondary effects to impact cultural heritage, infrastructure, and economies. It argues that prioritizing risk preparedness and mitigation, informed by thorough risk assessments, can prevent hazards from escalating into disasters. The book underscores the importance of protecting cultural heritage through preparedness, mitigation, and adaptation measures, particularly in the context of climate change, contributing to the overall resilience of societies. Notably, the role of communities in these efforts is emphasized. The book is intended for students, professionals, and scholars involved in cultural heritage protection, with relevance to fields such as Cultural Heritage, Archaeology, Conservation and Preservation, Sustainable Development, and Disaster Studies.
The Art Collecting Legal Handbook (3rd. Ed)
by Bruno W. Boesch and Massimo Sterpi
The Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide to the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.
The Art Dealer’s Apprentice: Behind the Scenes of the New York Art World
by David Guenther
“The Art Dealer’s Apprentice” focuses on the New York art scene of the late 1980s and early 1990s. The author shares personal experience of moving to the city, landing a job at an esteemed gallery on the Upper East Side, and becoming an apprentice to Carla Panicali, a prominent figure in the international art world. Under Carla’s mentorship, the author witnesses and learns about the complex dynamics of authenticity, power, and money within the art business. As the gallery’s director, the author navigates the challenges of dealing with fakes, frauds, and unscrupulous individuals in the art world. The book offers insights into the inner workings of the New York art business, exploring the roles of dealers, auction houses, runners, collectors, and experts. The author also sheds light on the international aspects of the art trade, including illicit transportation of artworks, payoffs to experts, and the involvement of Swiss bank accounts. Ultimately, the narrative paints a picture of a disillusioned author who comes to the realization that, by the early 1990s, the art business had shifted away from its genuine focus on art, becoming increasingly driven by money.
The NFT Book: Everything You Need to Know about the Art and Collecting of Non-Fungible Tokens
by Noah Charney and Kenny Schachter
The book explores the global sensation of NFTs (non-fungible tokens) that gained widespread attention in 2020 and peaked in fall 2021, with some selling for millions, including one for $69 million. Co-authored by an art historian, Noah Charney, the book delves into the questions surrounding the value of NFTs, drawing parallels to the history, sociology, and psychology of art collecting. Charney, initially skeptical, examines the phenomenon from a perspective informed by his expertise in art history. The second half of the book is written by Kenny Schachter, an artist, collector, curator, professor, and NFT influencer, who provides insights into the NFT world from his firsthand experiences, including being listed among the 30 most influential people in the NFT realm in fall 2021.